2Base base
0

İmar Affı (Construction Amnesty) – What it means for property owners in Turkey

Turkish real estate vocabulary
Image

İmar Affı (Construction Amnesty) is a legal provision in Turkey that allows property owners to regularize unauthorized or non-compliant constructions. It provides a temporary opportunity to legalize buildings or extensions that were constructed without proper permits or in violation of zoning laws.

Under an İmar Affı, property owners can apply to obtain official approval for structures that would otherwise be considered illegal. This process typically involves submitting documentation, paying fines or fees, and ensuring the property meets certain safety and urban planning standards.

The amnesty is usually announced by the Turkish government and has a limited application period. Once approved, the property gains legal status, which can affect its value, insurance, and future transactions.

It is important to note that İmar Affı does not apply to all types of violations. For example, structures built on protected land, public areas, or those posing significant safety risks may not qualify.

English Turkish Official Source
Construction Amnesty İmar Affı Ministry of Environment, Urbanization and Climate Change
Building Amnesty Yapı Kayıt Belgesi General Directorate of Land Registry and Cadastre
Urban Renewal Amnesty Kentsel Dönüşüm Affı Ministry of Environment, Urbanization and Climate Change
Image
İmar Affı (Construction Amnesty) – What it means for property owners in Turkey

Legal regularization for unlicensed properties

İmar Affı is a Turkish legal term referring to an amnesty or regularization process for properties built without proper permits or in violation of zoning laws. It allows owners to legalize their properties by paying a fee and meeting certain conditions.

This process is particularly relevant for older buildings or those constructed before strict zoning regulations were enforced. It does not automatically grant full legal status but provides a pathway to compliance.

Property owners with zoning violations

İmar Affı primarily benefits property owners whose buildings were constructed without proper permits or in violation of zoning regulations. This includes both Turkish citizens and foreign property owners.

Eligibility depends on the property's construction date and the nature of the zoning violation. Properties built before certain cut-off dates may qualify for regularization under this scheme.

Application process overview

The İmar Affı application process typically involves several steps. First, property owners must submit an application to the local municipality. This is followed by a property inspection to assess compliance with zoning laws.

If approved, owners must pay a regularization fee. The final step involves obtaining updated property documents reflecting the legalized status. The exact process may vary by municipality.

Partial legalization process

İmar Affı does not automatically grant full legal status to a property. It provides a pathway to regularize properties built without proper permits or in violation of zoning laws.

The process may result in partial legalization, meaning the property may still have certain restrictions or require further steps to achieve full compliance with Turkish property laws.

Periodic amnesty programs

Turkey implements İmar Affı periodically, often every few years, depending on government policies and the need for property regularization. The most recent major İmar Affı was introduced in 2018.

These amnesty programs are not permanent and have specific application periods. Property owners must apply during the designated timeframe to benefit from the regularization process.

Essential paperwork for regularization

The İmar Affı application typically requires several documents, including property deeds (tapu), identification documents, and proof of ownership. Additional documents may include architectural plans, photographs of the property, and any existing permits.

Local municipalities may request specific documents based on the property's location and the nature of the zoning violation. It's advisable to check with the local authorities for exact requirements.

Eligibility for non-Turkish citizens

Yes, foreign property owners in Turkey can apply for İmar Affı, provided their property meets the eligibility criteria. The application process is generally the same for both Turkish citizens and foreign owners.

However, foreign owners may need to provide additional documentation, such as a valid residence permit or proof of foreign ownership, depending on the local municipality's requirements.

Fees for property regularization

The costs of İmar Affı vary depending on the property's size, location, and the nature of the zoning violation. Fees typically include a regularization charge, which is calculated based on the property's value and the extent of non-compliance.

Additional costs may include administrative fees, inspection charges, and potential fines for certain violations. The exact amount is determined by the local municipality.

Effect on market value

İmar Affı can positively impact a property's resale value by bringing it into legal compliance. Regularized properties are often more attractive to buyers, as they come with fewer legal risks and uncertainties.

However, the extent of the impact depends on the property's location, the nature of the regularization, and market conditions. Some buyers may still prefer fully compliant properties over those regularized under İmar Affı.

Alternatives for non-compliant properties

If a property does not qualify for İmar Affı, it remains non-compliant with Turkish zoning laws. Owners may face legal consequences, including fines, demolition orders, or restrictions on property transactions.

In some cases, owners may explore alternative legal pathways to regularize their property, such as applying for a zoning variance or reconstructing the property to meet current regulations.

Also read

Top